Title
Hold Baggage and Cargo Security Policies
Law
Memorandum Circular No. 002, S. 2018
Decision Date
May 3, 2018
The Philippine Jurisprudence case examines the implementation of DOTr-OTS Memorandum Circular No. 2018-02, which aims to enhance hold baggage and cargo security in aircraft through the use of CCTV systems and the inclusion of security provisions in contracts, emphasizing the importance of civil aviation security.

Questions (MEMORANDUM CIRCULAR NO. 002, S. 2018)

The circular is issued pursuant to Executive Order (EO) No. 277 as amended by EO No. 311, and the National Civil Aviation Security Program (NCASP), which also relates to ICAO Annex 17.

It emphasizes that aircraft security is important both on the ground and in the air, and it aims to enhance hold baggage and cargo security through measures that secure baggage entering and exiting the aircraft hold.

It applies to all national aircraft operators and international airport operators.

Hold baggage means baggage and personal belongings accepted for transportation by an aircraft operator, loaded into the aircraft hold, and to which a person will not have access while on board the aircraft.

An Agent is any person, company, or organization engaged, directly or indirectly (by contractual agreement or otherwise), to carry out duties on behalf of an aircraft operator, airport operator, or air cargo operator.

It is the Office for Transportation Security (OTS) as the state designated appropriate authority to implement the NCASP, pursuant to EO 277 as amended by EO 311 and ICAO Annex 17.

All aircraft operators shall have CCTV systems for monitoring all cargo and hold baggage entering and exiting the baggage loading area of the aircraft hold.

They must ensure that hold baggage and cargo in transit to/from the baggage make-up area and cargo facilities are protected to prevent introduction of security prohibited items.

All contracts entered into by the airport and aircraft operators with their agents must include security provisions prescribing appropriate fines and penalties for violations of the NCASP, ASP, AOSP, and related regulations.

OTS must: (1) assess and prescribe minimum CCTV standards based on threat/risk; (2) approve CCTV SOPs of airport and aircraft operators; (3) have unrestricted access to CCTV systems for risk assessment/quality control; and (4) require reports of all security incidents.

They must ensure CCTV in the baggage holding area of the cargo hold; develop CCTV SOP forming part of the AOSP (including protocols for incident response and investigation plus logistics such as manpower and communications); submit security incident reports to OTS; and ensure protection of hold baggage/cargo in transit.

They must ensure CCTV in the hold baggage area; create CCTV SOP as part of the ASP (incident response/investigation and logistics); monitor implementation of ASP provisions; screen all vehicles and persons entering and exiting hold baggage and cargo facilities; submit incident reports to OTS; and ensure contracts with agents include security penalties.

It shall monitor hold baggage and cargo operations and provide specialist response (including anti-terrorist units, armed intervention, explosive device disposal) and rapid armed response capability to major incidents at all international and domestic airports.

CCTV shall be used during loading and unloading of hold baggage and cargo and placed inside and with full view of the cargo hold of the aircraft.

Video signals shall be stored on a removable hard drive with capacity to store more than 12 hours of data, and the storage medium must retain information for at least one month.

Access must be restricted to authorized staff in accordance with the airport and aircraft operators’ SOPs approved by OTS.

The system must be easily configured using a PC from a remote station and protected by security codes to maintain system integrity; the CCTV systems must be maintained by the airport and aircraft operators.

It takes effect immediately, and a copy is deposited with the University of the Philippines Law Center in compliance with the Revised Administrative Code.


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